NMSSA Update:
On August 19, 2025, a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit delivered a major win for gun owners in New Mexico. The panel ruled that our state’s seven-day waiting period for firearm purchases likely violates the Second Amendment and directed the lower court to issue a preliminary injunction against enforcement.
This was a clear recognition that the law places an unconstitutional burden on the lawful acquisition of firearms. But the fight is not over.
This week, the State of New Mexico filed a petition asking the full Tenth Circuit to rehear the case en banc.
“En banc” means the case would be reconsidered by all active judges of the court, not just the original three-judge panel.
When the State filed this petition, it automatically stayed the mandate — which means the panel’s decision is not currently in effect.
In other words, the seven-day waiting period remains in place until the court decides what to do with the petition.
What happens next
If the court denies rehearing, the mandate will usually issue 7 days later. At that point, the lower court would be required to issue the injunction, blocking the waiting period.
If the court grants rehearing en banc, the panel’s ruling is vacated, and the case will be reconsidered by the full court, which will issue a new decision.
Until then, the status quo continues, and gun owners must remain patient and vigilant.
Why this matters
This case could set an important precedent not only for New Mexico but for the entire Tenth Circuit region. It is another example of how courts across the country are applying the Supreme Court’s Bruen standard and pushing back against laws that lack historical justification.
NMSSA’s Commitment
Your New Mexico Shooting Sports Association is following this case closely. We will continue to provide timely, accurate updates to keep our members informed. When major changes occur — whether the mandate issues or the full court agrees to rehear the case — you will hear about it from us first.
Thank you for standing with NMSSA in defense of your Second Amendment rights.
— Anthony Segura
Executive Director
New Mexico Shooting Sports Association
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